Collaborative Divorce vs. Traditional Divorce: Cost and Outcome Comparison The differences between collaborative divorce and traditional litigation are significant, particularly when it comes to cost and outcomes. Traditional divorce is driven by the court system. It often involves multiple hearings, formal discovery, and extensive attorney involvement. This can lead to substantial legal fees and prolonged timelines. Collaborative divorce, by contrast, is designed to streamline the process. While there are still professional costs involved, the focus on resolution typically results in lower overall expenses. The outcomes also differ. In traditional divorce, a judge makes the final decisions. Those decisions may not fully reflect the priorities or preferences of either party. In collaborative divorce, the parties maintain control over the outcome. This often leads to more customized and practical solutions. Perhaps most importantly, collaborative divorce tends to preserve relationships. This is especially valuable in cases where the parties will continue to interact, such as co-parenting situations. For many couples, the choice comes down to this: a court-driven process with uncertain outcomes, or a controlled, solution-focused process designed to move forward efficiently.  Johnston Burkhardt is a family lawyer and registered divorce Mediator listed on the Louisiana State Bar Association’s Mediator Registry. He is versed in community property partition, custody, child and spousal support, and all issues that arise during divorce. To learn more about mediation or schedule a free consultation, contact Johnston at (504) 324-2141 or johnston@snw.law

Amicable Divorce in Louisiana An amicable divorce is exactly what it sounds like: a divorce where both spouses work together to reach an agreement rather than fight through the court system. In Louisiana, this typically means both spouses agree on the major issues: property division, custody, and support. Instead of relying on a judge to decide these issues, the parties maintain control over the outcome. That control often leads to better, more tailored solutions for both sides. An amicable divorce does not mean there are no disagreements. It means the parties are willing to resolve those disagreements productively—often through mediation or negotiation—rather than litigation. The process is also significantly more efficient. In many cases, once an agreement is reached, the divorce can proceed quickly after the required separation period. This stands in contrast to contested divorces, which can take years to resolve. For many couples, an amicable divorce offers a path forward that protects finances, reduces stress, and preserves relationships, especially when children are involved. Johnston Burkhardt is a family lawyer and registered divorce Mediator listed on the Louisiana State Bar Association’s Mediator Registry. He is versed in community property partition, custody, child and spousal support, and all issues that arise during divorce. To learn more about mediation or schedule a free consultation, contact Johnston at (504) 324-2141 or johnston@snw.law

Amicable Divorce in Louisiana An amicable divorce is exactly what it sounds like: a divorce where both spouses work together to reach an agreement rather than fight through the court system. In Louisiana, this typically means both spouses agree on the major issues: property division, custody, and support. Instead of relying on a judge to decide these issues, the parties maintain control over the outcome. That control often leads to better, more tailored solutions for both sides. An amicable divorce does not mean there are no disagreements. It means the parties are willing to resolve those disagreements productively—often through mediation or negotiation—rather than litigation. The process is also significantly more efficient. In many cases, once an agreement is reached, the divorce can proceed quickly after the required separation period. This stands in contrast to contested divorces, which can take years to resolve. For many couples, an amicable divorce offers a path forward that protects finances, reduces stress, and preserves relationships, especially when children are involved. Johnston Burkhardt is a family lawyer and registered divorce Mediator listed on the Louisiana State Bar Association’s Mediator Registry. He is versed in community property partition, custody, child and spousal support, and all issues that arise during divorce. To learn more about mediation or schedule a free consultation, contact Johnston at (504) 324-2141 or johnston@snw.law

Louisiana Special Needs Trusts for Adult Children with Disabilities For families with a child who has a disability, one of the most important questions is how to provide long-term financial support without jeopardizing eligibility for government benefits. A properly structured special needs trust is often the answer. A special needs trust is a legal tool that allows assets to be set aside for the benefit of an individual with a disability while preserving access to needs-based benefits such as Supplemental Security Income (SSI) and Medicaid. These benefits are often essential for medical care, housing support, and daily living assistance, but they come with strict asset limits. Even a modest inheritance can unintentionally disqualify a child from receiving those benefits. A special needs trust avoids that problem by placing assets under the control of a trustee, rather than the individual beneficiary. Because the beneficiary does not directly own the funds, those assets are generally not counted for purposes of benefit eligibility. In most cases, parents establish a third-party special needs trust as part of their estate plan. This trust can be funded during the parents’ lifetime or upon their death through a will, trust, or life insurance proceeds. The trustee is then responsible for managing the funds and making distributions for the benefit of the child. Importantly, the trust is designed to supplement, not replace, government benefits. Funds can be used for expenses that improve the child’s quality of life, such as education, therapy, transportation, recreation, and other non-covered needs. At the same time, distributions must be handled carefully to avoid interfering with eligibility for public assistance. Choosing the right trustee is a critical decision. The trustee must understand both the family’s goals and the rules governing public benefits. In many cases, families select a trusted individual, a professional fiduciary, or a combination of both. Without proper planning, leaving assets outright to a child with a disability can create unintended consequences. A special needs trust provides a structured, protective solution that ensures financial support is available while maintaining access to essential benefits.  For families navigating these issues, thoughtful estate planning is not just helpful—it is essential to protecting the long-term well-being of their child. Johnston Burkhardt is an attorney at Sternberg, Naccari & White, LLC, with experience in estate planning, interdictions, and planning for individuals with disabilities. He regularly assists families in structuring special needs trusts to protect long-term financial security while preserving eligibility for essential government benefits. To learn more about special needs planning or to schedule a consultation, contact Johnston at (504) 324-2141 or johnston@snw.law .

For compliance officers and legal professionals who spent the early months of 2026 preparing for the new FinCEN Residential Real Estate Reporting Rule, last week brought a significant development: a federal court struck down the rule entirely. The decision vacates the regulation nationwide — but with conflicting rulings across circuits, the compliance landscape remains anything but settled. Background: What Was the FinCEN Real Estate Reporting Rule? The Residential Real Estate Reporting Rule, which took effect on March 1, 2026, was FinCEN’s most ambitious attempt to date to close a well-documented gap in the U.S. anti-money laundering (AML) framework. Unlike residential mortgages — which are already subject to robust Bank Secrecy Act (BSA) reporting — all-cash real estate transactions had largely flown under the regulatory radar. The rule targeted non-financed transfers of residential real property where the buyer was a legal entity or trust. Under its terms, “reporting persons” (primarily title companies, escrow agents, and settlement attorneys) were required to: Identify and verify the beneficial owners of purchasing entities and trusts Collect detailed information about the transferee, transferor, and the property File a Real Estate Report with FinCEN within 30 days of closing Retain records for five years Unlike FinCEN’s earlier Geographic Targeting Orders (GTOs), the new rule carried no geographic limitation or minimum transaction threshold — making it the broadest real estate AML reporting mandate ever issued. The Court’s Decision: Flowers Title Companies v. FinCEN The challenge came from Flowers Title Companies, LLC, a Texas-based title company that filed suit under the Administrative Procedure Act (APA), arguing that FinCEN had exceeded the statutory bounds of the Bank Secrecy Act in issuing the rule. Judge Jeremy D. Kernodle of the Eastern District of Texas agreed. The court held that cash real estate transfers to entities and trusts are not categorically “suspicious” within the meaning of the BSA — the foundational basis FinCEN relied upon to justify the rule. Without the ability to rely thereupon, the agency now appears to lack the authority to impose the sweeping reporting requirements at issue. The result: the rule is vacated in its entirety, restoring the pre-March 1 status quo. Title companies and other covered persons have no current obligation to file Real Estate Reports under the vacated regulation. Why This Matters for Compliance and Legal Teams For compliance professionals, the ruling creates a complex and potentially short-lived reprieve. Here’s what to keep in mind: Reporting is currently suspended — but not permanently. The government is widely expected to appeal to the Fifth Circuit. Conflicting precedent creates legal uncertainty. Other federal courts have recently upheld the rule as lawful, meaning the law in this area is genuinely unsettled. GTOs remain in effect. FinCEN’s existing Geographic Targeting Orders in high-risk metro areas (including Miami, New York, Los Angeles, and others) are unaffected by this ruling. Compliance with active GTOs is still required. Internal readiness work retains value. Organizations that invested in beneficial ownership verification workflows, data collection systems, and training should preserve those efforts. If the rule is reinstated on appeal, a rapid ramp-up will be necessary. The Bigger Picture: AML and Real Estate The Flowers Title ruling is a setback, but not necessarily a death blow, to FinCEN’s long-term agenda around real estate AML. The U.S. real estate market has been identified by the Financial Action Task Force (FATF) and FinCEN itself as a significant vulnerability for money laundering. Whether through rulemaking, expanded GTOs, or Congressional action, regulators are unlikely to abandon this area. To learn more or to schedule a consultation, contact Joseph R. Marriott at joseph@snw.law or by telephone at (504)324-1886.

Construction Lien Property: What Every Buyer and Seller Needs to Know A construction lien on your property can stop a real estate closing in its tracks — here's what causes it and how to fix it. If you're buying or selling real estate and a contractor, subcontractor, or supplier was never paid for work done on the property, you could face a lien — and a closing that won't proceed until it's resolved. Understanding construction lien priority is essential for anyone in a real estate transaction. What Is Construction Lien Priority? Lien priority determines who gets paid first if a property is sold or foreclosed. In most states, construction-related liens — also called mechanic's liens or materialman's liens — can "relate back" to the date work first began, not the date the lien was filed. This means a lien recorded after your mortgage could still outrank it. 4 Common Ways Lien Priority Breaks Down at Closing Construction began before the mortgage was recorded — giving material man, contractors and subcontractors, priority over the lender. Unpaid subcontractors on a newly built home file liens the buyer never knew about. The seller failed to record a notice of completion, leaving the lien filing window open. Recording errors or gaps in the chain of title create disputed priority positions. How It Disrupts the Closing Cycle When a title examiner flags a construction lien — or evidence that work occurred without confirmed payment — the title insurer will typically refuse to issue a clean policy. Without title insurance, lenders won't fund. The result: delays, renegotiations, escrow holdbacks, or a failed transaction. How to Resolve a Construction Lien Before Closing – Additional Work and Costs  While the below are all valid ways to potentially "work around" a lien and/or broken priority, they are requiring additional and often uncontemplated work and can include unanticipated costs, including getting lien waiver, paying the lienholder, securing a surety bond, and/or negotiated an indemnity (when backed by sufficient assets). To learn more or to schedule a consultation, contact Joseph R. Marriott at jospeh@snw.law or by telephone at (504)324-1886.

Testate vs. Intestate Successions in Louisiana: What’s the Difference? In Louisiana, a succession is classified as either testate or intestate depending on whether the decedent left a valid will. A testate succession occurs when the decedent executed a will that complies with Louisiana law, typically in the form of a notarial or olographic testament. In these cases, the decedent is able to direct how their property is distributed, name an executor, and potentially simplify the administration process. The court’s role is to probate the will, confirm the executor, and oversee the implementation of the decedent’s wishes. However, even in a testate succession, the will is subject to certain limitations, most notably Louisiana’s forced heirship rules, which protect certain heirs such as children under the age of 24 or those with permanent disabilities. An intestate succession occurs when there is no valid will, either because the decedent never executed one or because the will is invalid or revoked. In that situation, Louisiana’s intestacy statutes determine who inherits and in what proportions. These rules prioritize close family members, beginning with descendants, and can include a surviving spouse’s usufruct over community property. While intestacy provides a default framework, it often produces results that do not align with the decedent’s preferences, particularly in blended families or where the decedent had specific intentions about certain assets. Practically speaking, testate successions tend to offer more control and predictability, while intestate successions can involve more court oversight, uncertainty, and potential disputes among heirs. Even basic estate planning, such as executing a will and organizing your assets, can significantly reduce stress, cost, and uncertainty for your family after your death. To learn more or to schedule a free consultation regarding estate planning or successions, contact Johnston Burkhardt at johnston@snw.law or 504-313-4199.